Refusal of Planning Consent: Appeals - Part One

Where planning permission has been refused by the Local Planning Authority the applicant has the right to appeal to the Secretary of State for an independent view on the proposal.

This view is given by the Planning Inspectorate a body appointed by the Secretary of State to guide him in this matter. Planning Inspectors have the power to allow appeals and to overturn the decision of the Local Planning Authority, granting planning permission subject to conditions which are deemed appropriate to the development and its circumstances.

Appeals can be in three forms, a simple exchange of statements known as a written representations appeal, a local hearing which is an Inspector lead discussion between all parties and a public inquiry where professional witnesses provide formal evidence in a “court room setting” and are cross examined by counsel acting for the opposing parties. In all cases an Inspector appointed by the Secretary of State considers all evidence presented, asks his own questions of witnesses, local residents, and objectors. The Inspector will then view the site before making his/her decision to allow or dismiss the appeal.

Role of the Highway Engineer in the Appeal Process

Where the reason for refusal contains highway issues the Highway Engineer will take part in each appeal format as follows.

In relation to written representations the Highway Engineer will produce the formal highway evidence to support the proposed development and will set out empirical data to validate the highway arrangements used or the transportation position (for example accessibility of the site by all modes of travel) and the development’s compliance with national standards and accepted good practice.

Examples of standards and guidance that would be applicable are:-

• Manual for Streets
• Planning Policy Guidance Note PPG13
• Department for Transport : Guidance on Transport Assessment March 2007
• Department for Transport : Good Practice Guidelines: Delivering Travel Plans

This evidence may be in stand alone form or part of an overall evidence statement prepared by the Appellant, their Planning Consultant or Solicitor.